“Lawful and Unlawful Obstruction of Public Roads”
| Published date | 01 October 1934 |
| Date | 01 October 1934 |
| DOI | http://doi.org/10.1177/0032258X3400700408 |
| Subject Matter | Article |
"Lawful
and
Unlawful
Obstruction
of
Public
Roads"
By
"F.
T.
T."
ONE
of the most commonplace duties of the police of
to-day, in town and village, is to deal with cases of
"
obstruction",
and in many areas the problem of keeping
the roads safe and free for the passage of pedestrians and
vehicles, is so acute that scarcely a Bench holds its daily
or weekly sittings without having in its lists a case in which
some thoughtless motorist has to answer a summons for the
unlawful obstruction of the public roads.
The
presentation
of the evidence for the prosecution presents little difficulty
in the majority of cases of this description, largely because
the police have come to tolerate much that strictly would
be held to constitute at least a technical breach of the law,
and to refrain from action in any
but
the more flagrant cases.
It
is, however, sometimes desirable to review the position
and to consider whether, on grounds of public safety and
convenience, and for the general good government of the
community, abranch of the law, such as this, is being either
too stringently applied or enforced in the letter rather than
in the spirit, on the one
hand;
or if too much latitude is allowed
to one section of the public and consequently the law brought
into contempt or desuetude, on the other.
These considerations are important.
The
senior officer
has in his discretion the task of determining the one or the
other, and usually qualities of toleration and a knowledge
of the needs of public safety and convenience enable
him to decide the broad lines on which he should act.
The
constable, in his narrower
but
not less important sphere,
438
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